California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Archives: Uncategorized

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California proposed immigration bill imposes steep fines for employers who cooperate with federal immigration requests

Posted in Best Practices For California Employers, California Legislation Update, Uncategorized
Assemblymember David Chiu (D-San Francisco) introduced a bill – AB 450 – that would put employers between the federal government and the state of California in the immigration debate.  Basically, the bill imposes penalties on employers who cooperate or do not notify the state of federal immigration actions taking place at their locations.  As set… Continue Reading

Friday’s Five: When hugs can constitute harassment

Posted in Uncategorized
Plaintiff Victoria Ztwick worked as a correctional office for the County of Yolo. See Zetwick v. County of Yolo.  She sued the County and her supervisor, Sheriff Edward Prieto alleging that the supervisor’s conduct over a 12-year period created a hostile work environment.  She alleged the harassment consisted of Prieto hugging her on more than… Continue Reading

Friday’s Five: I’m now legally “old”

Posted in Uncategorized
The law has to define certain terms and categories of people in order to make legal concepts predictable so people and companies can adjust their actions accordingly.  However, after turning 40 years old this month, the definition of “old” hits home with me.  According to the law, I’m old.  Moving on quickly, this Friday’s Five… Continue Reading

The tail wagging the dog: five rules of when attorney’s fees can be awarded in wage and hour cases

Posted in Uncategorized
zkvbm2_dp84-didier-weemaelsOften the threat of the plaintiff’s potential ability to recover attorney’s fees is greater than the actual damages that they can prove.  This can be frustrating for employers defending wage and hour claims, in both the individual and class action context.  Indeed, an employer must understand the potential damages and exposure of fees they may… Continue Reading

Five key employment issues facing California employers in 2017

Posted in Uncategorized
I’m starting 2017 off with videos taken from my recent webinar discussing local minimum wage issues, California’s new employment laws, Los Angeles’ ban the box ordinance, the new Form I-9 required in 2017, and potential impacts President-elect Trump may have on employment laws.  Happy New Year! California state and local minimum wage and paid sick… Continue Reading

Friday’s Five: Holiday edition

Posted in Uncategorized
Quick video on the five things California employers need to pay attention to in 2017. (Sorry for the wind noise in the video.) I briefly discuss the following five issues: 1) Augustus v. ABM Security Services: A new California Supreme Court decision about whether rest breaks during which security guards were required to monitor a… Continue Reading

Five interview practices every employer should know

Posted in Uncategorized
InterviewYes, it is that time again: Friday’s Five.  This week I address five interview practices that every California employer should know: 1.      Understand which questions employers cannot ask that may be viewed as discriminatory. Employers cannot ask questions that relate to an applicant’s marital status, children, plans to have children, religion, age, national origin, and… Continue Reading

Severance agreements under California law

Posted in Best Practices For California Employers, Terminations, Uncategorized
This video is the third installment of three videos covering issues surrounding terminations in California.  For today’s Friday’s Five, in this final video in the series I discuss five common questions employers have about severance agreements: When are severance agreements appropriate in California? What are common terms in severance agreements? Such as a non-disparagement clauses and… Continue Reading

Five holiday considerations for California employers

Posted in Best Practices For California Employers, Employee Handbooks, Uncategorized, Wage & Hour Law
Merry Christmas and Happy Holidays!  I have been enjoying the excellent skiing in the Eastern Sierras (California’s snow pack is looking great this year).  So this week’s Friday’s Five article is a bit shorter, but I wanted to address five issues that the holidays create in regards to wage and hour issues in California: 1.    … Continue Reading

Friday’s Five: Considerations for issuing electronic wage statements in California

Posted in Uncategorized
Employee Wage Statement-1More and more employers are moving to electronic on-boarding to minimize the expenses and reliability issues in relying on paper.  Employers are also moving toward issuing wage statements electronically to employees.  Unfortunately, there is very little regulatory guidance as to the requirements that employers must meet when issuing electronic wage statements.  Indeed, the Labor Code… Continue Reading

What are the biggest threats facing restaurateurs in 2015 and beyond?

Posted in About the California Employment Law Report, Best Practices For California Employers, California Legislation Update, New Cases, Resources, Uncategorized
I was able to catch up with California Restaurant Association’s CEO, Jot Condie at the 2015 Western Foodservice & Hospitality Expo.  We discuss the threats facing restaurateurs and the steps the CRA is taking to represent its members.  … Continue Reading

Friday’s Five: Five Terms To Include In Job Offer Letters

Posted in Best Practices For California Employers, Employee Handbooks, Exempt Employees, Uncategorized
Hiring new employees? For the next job offer, instead of relying on the old job offer letter you have a lawyer review in the 1990’s, it is recommended to review the offer letter to ensure it is up to date with current law. While some of the items discussed below are not necessarily new aspect… Continue Reading

California’s paid sick leave: How to calculate pay for part-time employees, alternative work schedules and employees who receive fluctuating pay

Posted in Uncategorized
As the July 1 deadline for employees to begin accruing paid sick leave, employers are wrestling with some of the ambiguities created by the law.  The legislation left many unanswered questions for employers to grapple with.  Some of the more common questions employers have had deal with how to calculate the accrual rate for part-time… Continue Reading

Five statutes that can shift attorney’s fees to employers

Posted in Best Practices For California Employers, California Legislation Update, Exempt Employees, Resources, Technology & Law, Uncategorized, Wage & Hour Law, Wrongful Termination
You may recall from your college business law class of the “American rule” regarding attorney’s fees: generally in the United States each side is responsible to their own attorney’s fees, and unlike other countries, the loser does not have to pay the other party’s attorney’s fees. Employers can basically ignore this general rule in employment… Continue Reading

Five legal concepts every California employer needs to understand

Posted in Best Practices For California Employers, California Legislation Update, Uncategorized, Wage & Hour Law
You’ve set up a successful company and begin hiring employees. To be a successful operator in California, a company’s management needs to be familiar with the critical legal concepts in order to successfully navigate California’s complex employment laws. You never wanted to go to law school, but time to hit the, ahem, books (or the… Continue Reading

Five things every employer with IT workers must understand about the computer professional exemption under California law

Posted in California Legislation Update, Employee Handbooks, Technology & Law, Uncategorized, Wage & Hour Law
Recently I published a list of common exemptions under California law. This list of exemptions did not delve into the details of each exemption in detail, so I will be returning to a few of the exemptions to add more explanation about each exempt classification. I’m currently reading Paul Graham’s Hackers and Painters, Big Ideas… Continue Reading

Five best practices for hiring in California

Posted in Best Practices For California Employers, Resources, Uncategorized
1. CEOs and founders need to be involved in the hiring process. This is simply something too important for a company to leave to other people.  Sam Altman, of Y Combinator, wrote: The vast majority of founders don’t spend nearly enough time hiring. After you figure out your vision and get product-market fit, you should… Continue Reading

5 common questions about class actions every employer should understand

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Uncategorized
1. What is a class action? To understand what a class action is, it is better to start with the basic individual litigation concept. Normally, parties bring their own disputes to court and litigate the case against the other parties who have been officially designated a parties and served with process and understand that they… Continue Reading